EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 125
Issued by the Authority of the Minister for Primary Industry
MEAT INSPECTION (MODIFICATION) REGULATIONS (AMENDMENT)
The Meat Inspection Act 1983 (‘the Act’) provides for the inspection of meat which is intended for consumption within Australia. The Act applies only in those States which have referred to the Commonwealth their powers to legislate in this area and to Territories to which the Governor-General has declared by Proclamation that the Act should extend. The Act will be applicable in South Australia on 1 July 1987.
Sub-section 36(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed. Sub-section 6(1) of the Act provides that the regulations may provide that a specified provision of the Act does not apply, or applies with specified modifications, in relation to a specified State or Territory.
The Meat Inspection (Modification) Regulations (Amendment) (‘the Amendment’) specify provisions of the Act which do not apply or which apply with specified modifications in South Australia.
Regulations 2 and 3 of the Amendment insert regulation 6 and Schedule 3 into the Meat Inspection (Modification) Regulations (the Principal Regulations).
Regulation 6, as inserted in the Principal Regulations, modifies several provisions in the Act to limit application of the Act to South Australia to meat prepared at an abattoir in South Australia as set out in the proposed Schedule 3.
The Amendment takes effect on 1 July 1987 when the Act was extended to South Australia.
Overview
The Meat Inspection (Modification) Regulations (Amendment) Statutory Rules 1987 No 125, issued by the Authority of the Minister for Primary Industry, were enacted in 1987 to amend the Meat Inspection Act 1983. The Amendment was introduced to address the need to modify the application of the Act to South Australia, ensuring it aligns with the specific requirements and provisions of the state. This regulatory adjustment was necessitated by the referral of powers by South Australia and the declaration by the Governor-General that the Act should extend to the state as of 1 July 1987. The primary objective of these amendments is to ensure that the provisions of the Meat Inspection Act are appropriately tailored to the unique circumstances of South Australia, particularly concerning meat prepared at abattoirs within the state. These regulations aim to harmonise the inspection processes to meet the legislative standards set forth by the Commonwealth while respecting the jurisdictional specifics of South Australia.
Scope and Application
The Meat Inspection (Modification) Regulations (Amendment) is an instrument that amends the Meat Inspection (Modification) Regulations, which in turn modify the provisions of the Meat Inspection Act 1983. The Act regulates the inspection of meat intended for consumption within Australia and applies to States that have referred their legislative powers to the Commonwealth and to territories where the Governor-General has declared the Act should extend. The Amendment specifically modifies the application of the Act in South Australia, where it will be applicable from 1 July 1987, by limiting the scope of the Act to meat prepared at an abattoir in South Australia, as outlined in Schedule 3. The Amendment was designed to ensure that the Act's application in South Australia is tailored to the state's specific requirements, thereby facilitating a smooth implementation on the designated date. The Amendment allows for the exclusion of certain provisions or their application with modifications in South Australia, reflecting a nuanced approach to the regulation of meat inspection in this jurisdiction.
Key Provisions
The Meat Inspection (Modification) Regulations (Amendment) (F1996B01915) primarily modify the application of the Meat Inspection Act 1983 (the Act) in South Australia, effective from 1 July 1987. Regulation 2 of the Amendment introduces regulation 6 into the Meat Inspection (Modification) Regulations, which modifies several provisions of the Act to restrict its application to meat prepared at an abattoir in South Australia. Regulation 3 of the Amendment incorporates Schedule 3 into the Principal Regulations, which specifies the scope of meat subject to the Act in South Australia.
The Amendment imposes specific obligations on the entities governed by the Act. Under the modified Act, only meat prepared at an abattoir within South Australia will be subject to the requirements of the Act. This includes ensuring that meat is inspected and meets the standards set by the legislation. Additionally, any modifications to the Act's application must be in accordance with the provisions detailed in Schedule 3, which outlines the specific conditions and scope of the Act's application in South Australia.
Failure to comply with the Meat Inspection Act 1983 or the Meat Inspection (Modification) Regulations (Amendment) may result in legal consequences. Offences under the Act can lead to criminal penalties, including fines up to the maximum specified in the Act. Additionally, civil penalties may be imposed for breaches of the Act or its regulations, which can include fines or other financial penalties. These consequences are designed to ensure adherence to the regulatory standards and to protect public health and safety in relation to meat consumption.
The Amendment, as implemented through the Meat Inspection (Modification) Regulations (Amendment), ensures that the Meat Inspection Act 1983 is applied appropriately in South Australia. By specifying the scope of the Act's application and modifying certain provisions, the Amendment aims to provide clarity and enforceability within the new jurisdiction. Compliance with these regulations is essential for entities involved in meat production and inspection to avoid legal repercussions and ensure the continued safety and quality of meat supplied within Australia.